Ordinance 2003-59~..~ ~'~'- A.I~.',~)RDINANCE OF THE BOARD OF COUNTY COMMISSIO.~ 0~ :''*~
~'~.,.~'~.> ..... ,,~'~LLIER COUNTY, FLORIDA, ESTABLISHING AN ADV'~I~
~~ROADBAND INFRASTRUCTURE INVESTMENT P R(~-~i~-~
(PROGRAM) AVAILABLE TO ELIGIBLE BUSINESSES TO ENCOURAGE
PRIVATE SECTOR INVESTMENT IN ADVANCED BROADBAND
INFRASTRUCTURE; PROVIDING FOR APPLICABILITY AND PURPOSE;
PROVIDING SPECIFIC DEFINITIONS; PROVIDING A MAXIMUM
PAYMENT AMOUNT; PROVIDING FOR IMPLEMENTATION OF THE
PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A
TERMINATION DATE.
WHEREAS, Collier County has historically depended upon tourism, agriculture,
and, in more recent years, construction as major components of its economic base, all
of which are very susceptible to economic cycles and downturns in the economy; and
WHEREAS, the Board of County Commissioners of Collier County (Board)
desires to promote and foster economic diversification through the retention and
creation of high wage jobs in targeted industry clusters; and
WHEREAS, programs to offer relief for targeted industry development or
expansion projects from rising costs associated with these projects will contribute
significantly to economic diversification efforts throughout the County; and
WHEREAS, advanced broadband infrastructure enabling high speed internet
connectivity will give local businesses the ability to compete more efficiently on a
national and global scale thus increasing the likelihood for local business expansion
opportunities and increasing employment opportunities for Collier County residents; and
WHEREAS, advanced broadband infrastructure and high speed internet
connectivity has become a crucial component in day-to-day business operations; and
WHEREAS, an Advanced Broadband Infrastructure Investment Program will
serve the purpose of enhancing Collier County's economic diversification efforts by
encouraging the investment in advanced broadband technology and services by the
private sector thus making Collier County a more desirable place for business
expansion or relocation and diversifying the County's tax base; and
WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact
an ordinance such as this that serves a valid public purpose; and
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WHEREAS, on Marcl
proposals for a "toolbox" ec~
2, 2003, the Board directed staff to move forward with
nic diversification incentives to further these efforts.
NOW, THEREFORE, BE tT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier
County Code of Laws and Ordinances as follows:
ARTICLE V.
ADVANCED BRQADBANDINFRASTRUCTURF
INVESTMENT PROGRAM
Section 49-50. Applicability.
This article applies to the unincorporated area of Collier County, Florida, and to
all incorporated areas of Collier County to the greatest extent authorized by Article VIII,
Section l(f) of the Florida Constitution as may be implemented by an intergovernmental
or interlocal aqreement.
Section 49-51.
Purpose.
The purpose of this article is to: 1) establish an Advanced Broadband
Infrastructure Investment Proqram for the purpose of enhancing Collier County's
economic diversification efforts; (2) provide for the economic well beinq of Collier
County residents by providing better opportunities for high-wage employment in Collier
County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage
investment opportunities for new or existing companies thus increasing and diversifying
the County's tax base.
Section 49-52. Specific Definitions.
When used in this article, the following terms have the meaning stated, unless
the context clearly indicates otherwise:
A. "Average Wage" is the annual rate paid to private-sector employees within
Collier County, from highest to lowest divided by number of person,=.
employed full-time, as reported by private-sector employers in the State of
Florida who are covered by federal and state unemployment compensation
laws (UC), and reported annually based on figures released by the Florid~
A~encv for Workforce Innovation.
B. "Broadband" means hi.qh speed di.clital data rate transfer typically associated
with digital data rates of 10 me,qabits per second and higher; broadband is
capable of accommodating all media, including voice, data,, and video
transfer.
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C. "Advanced Broadband Infrastructure" means the components of network
architecture consisting of physical cable plant and/or a wireless technolo.cl¥
platform and associated customer premise end equipment (CPE) and
structured wiring required to support broadband data transfer, which can
provide mechanisms for providing specified quality of service (Qo$) levels
specified by the end user.
D. "Customer Premise Equipment (CPE)" means the electronic equipment
located on the premises of the end user required to support advanced
broadband services.
E. "Structured Wiring" means the cable network located within a cu§tomer's
premises that is required to deliver advanced broadband services.
F. "Quality of Service (QoS)" means those requirements which are determined
by applications employed by the end user.
Section 49-53. Advanced Broadband Infrastructure Investment Program.
General Requirements. Pursuant to the provisions set forth in this section, the
County establishes an Advanced Broadband Infrastructure Investment Proqram
providin.q payments (hereinafter the "payment") to offset the costs associated with th=
installation or upgrade of advanced broadband infrastructure in commercial and
industrial buildinqs to encouraqe the relocation and/or expansion of hi.qh-wa.qe tameted
industries. The payment is a local option economic incentive for new or up.qraded
advanced broadband infrastructure projects that may be approved at the sole discretion
of the Board.
A. Application Process. Any business owner seekin.q eli.qibilit¥ through the
Advanced Broadband Infrastructure Investment Program will file an Application
with the County Manager requestin.q participation in the program. The
Application will be filed prior to the business owner making the decision to invest
in the advanced broadband infrastructure. The Application must contain the
following:
1.
2.
The name and address of the business Owner; and
A current and complete legal description of the site upon which the
project is proposed to be located; and
3. The type of business proposed, using Standard Industrial Classification
(SIC) or North American Industrial Classification System (NAICS); and
4. The total cost incurred by the business to enable broadband services,
including but not limited to: a) charges assessed by the service
provider for establishing and/or extending the service provider's
broadband infrastructure, and b) customer premise equipment and
structured wiring required to support broadband services; and
5. The date (month and year) when the project will be substantially
complete.
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B. Agreement. If the proposed project meets the requirements under the
Advanced Broadband Infrastructure Investment program as set forth in this
article, the Board may approve an agreement .qrantin.cl participation by, and
payments to, a business owner. No precedent is to be implied or inferred by
such payments to a new or expanding business. Applications for participation
will be considered by the Board on a case-by-case basis for each application.
Section 49-54. Implementation,
A. The total value of payments to be approved under this Advanced
Broadband Infrastructure Investment Program will be the cost of the'eliqiblo
business proiect's system installation or upgrade, up to a maximum of $25,000.
The business is eligible to be paid an amount not to exceed $8,400 per year,
be.clinning in the fiscal year after the infrastructure improvements have been
verified as complete by the County Manager
B. The eliqible business will notify the County Manager, in writing, once thn
broadband infrastructure installation is complete. The County Manager will verify
project completeness and obtain a copy of all invoices detailing costs related tn
such project. The business will pay, or have already paid, its tax bill in full to the
Tax Collector's Office annually on or before the date it is finally due. Under this
pro~ram, applicants are not eligible to pay their taxes on an installment basis.
The applicant will then submit a copy of their ad valorem tax payment receipt to
the County Mana.qer verifyin.q all taxes have been paid in full and on time for
each year the company is eligible for payment under this program. Upon receipt,
and verification of compliance with the terms of this Article and corresponding
approved Agreement, payment to the applicant will be authorized within 60 days
C. Improvements to real property made before the Board approves the initial
agreement described below will not be eligible for payment. Additionally,
payment will only be based upon the amount of broadband infrastructure
expenditures, as set forth above.
D. The eliqible business under the Advanced Broadband Infrastructure
Investment Program must enter into an Advanced Broadband Infrastructure
Investment Program Agreement (the Agreement) with the County, and thc
Agreement must provide for, at a minimum, the following and include any
provisions deemed necessary by the Board to effectuate the provisions of this
article:
1. The legal description of the proiect or development
2. Neither the requirement for payment nor the Agreement providing
for such payment, may be transferred, assigned, credited, or otherwise
conveyed separate from the property without prior written approval from
the County. Approved A~reements will run with the land.
3. Approved agreements must be recorded in the Official Records of
Collier County at no cost to the County_
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E. If the property which is subiect to an approved A,qreement is delinquent in
the payment of its annual taxes or special assessments at any time within th~,
payment period, then any outstanding balance to be paid under this Advanced
Broadband Infrastructure Investment Program will not be made unless and until
all outstandinq ad valorem property taxes and special assessments are paid in
full.
F. Criteria. An eliqible proiect under this program is one that meets the followin.q
criteria:
1. is located on commercially or industrially zoned property in Collier
County where a business owner:
a. constructs a new commercial or industrial development for th~,
purpose of leasinq or selling those parcels of landl or
b. constructs a new buildinq or renovates or expands an existin.~
buildinq; and
2. that business owner uses or leases such development or buildin?
which is proposed to contain Advanced Broadband Infrastructure.
(3. Termination
The provisions of this article will expire and be void on October 1, 2008,
unless continued by a vote of the Board of County Commission prior to this date.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or any other applicable law, the more restrictive will apply. If any phrase or portion of
this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction,
such portion will be deemed a separate, distinct and independent provision and such
holding will not affect the validity of the remaining portions.
SECTION THREE. INCLUSION IN CODE OF LAW AND ORDINANCES.
The provisions of this Ordinance are to be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
Collier County, Florida this I~~iq day of .1Xi 0U'~l~"¢'" ,2003.
~, ATTEST: ~ BOARD OF COUNTY COMMISSIONERS
DWIGHT El (~'
~_ BROCK, Clerk OF COLLIER COUNTY, FLORIDA
.
"~. ;'. '- "!'-' [~,'~ !'(~Put~31erk By: __.. ,.,.~. '
om He.flnip. g, ~
Approved as to form and
I~ga~uffi¢~e~ncy: j~ /
P~i~i61~'~. V~hi~"
Assistant County AEorney
S~cretary of Stqt_e's_ O_f, fi_ce~t~
A~' day of
a-~ac know I ed ge m ent, ~°~f t
filing received this ~ day
of
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-59
Which was adopted by the Board of County Commissioners
on the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of November, 2003.
DWIGHT E. BROCK
Clerk of Courts
Ex-officio
County Commisg!~ngrs
By: Ann
Deputy ~r